JOHN BARKAI
The William S. Richardson School of Law
University of Hawaii
2515 Dole Street
Honolulu, Hawaii 96822
Phone: (808) 9566546; fax: (808) 9565569
EDUCATION: University of Michigan, B.B.A. (1967), M.B.A. (1968), J.D. (1971)
PROFESSIONAL EMPLOYMENT
Teaching
1978 Present:
Professor of Law, University of Hawaii Law School.
Director of Clinical Program. Tenured 1981.
Current Courses: "Negotiation & Alternative Dispute Resolution," "Evidence," and "Prosecution Clinic." Also taught, "International Business Transactions," "International Negotiation & ADR," "Defense Clinic," "Lawyering Skills," "Externship," "Legal Methods Seminar," "Criminal Procedure," "Native Hawaii Rights Clinic," and Second-Year Seminar.
Courses taught in the School of Business Administration: "International Negotiations" (in Japan Focused & China Focused Executive MBA - JEMBA CHEMBA Programs, annually since 1990); "Managing Organizational Conflicts," (in Executive MBA); "Negotiation Skills" (in Hawaii Management Program), various executive education seminars.
Course taught semi-annually at the Japan-American Institute of Management Science, "Intercultural Negotiations."
August 2005 - "Communication for Conflict Resolution," a four-day workshop presented at La Trobe University, Melbourne, Australia, Aug. 3-6, 2005.
July 2003 - "Mediation & Other Methods to Foster Democratic Dialogue," Central European University, Budapest, Hungary.
June 2002 - "Dispute Resolution Practices," Hamline Law School, Saint Paul, Minnesota.
March 1996 - "Mediation," The Ohio State Law School, Columbus, Ohio.
May - June 1995 - "Negotiation of International Contracts," the Helsinki School of Economics and Business Administration, Helsinki Finland.
August 1992 - February 1993: - Senior Visiting Scholar, City Polytechnic of Hong Kong. Courses: "ADR in Practice," "Skills Seminar," "Arbitration Practice."
1973 1978: - Associate Professor of Law, Wayne State University Law School. Courses: "Criminal Justice Clinic," "Criminal Law," "Criminal Procedure," and "Trial Advocacy." Tenured 1978.
Administration
19821983 - Associate Dean, University of Hawaii Law School.
Law Practice
1972 1973: - Deputy Defender, Legal Aid & Defender Association, Detroit, Michigan (criminal trial lawyer).
PUBLICATIONS
Teacher’s Manual
Teacher’s Manual for Mediation Representation: Advocating as a Problem-Solver in Any Country or Culture (N.I.T.A. 2010) (with Abramson).
Articles
"What's a Cross-Cultural Mediator to do? A Low-Context Solution for a High-Context Problem," 10 Cardozo J. Conflict Resol. 43 (2008).
“Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution,” 8 Pepp. Disp. Resol. L.J. 403 (2008).
"A Profile of Settlement," co-authored with Elizabeth Kent, and Pamela Martin, 42 Court Review, Issue 3-4, (Fall/Winter 2006) 34.
"Settling Civil Lawsuits in the Hawaii Circuit Courts," co-authored with Elizabeth Kent, and Pamela Martin, 10 Hawaii Bar Journal No.13, 73 (2006).
"Settling Civil Lawsuits in the Hawaii Circuit Courts," co-authored with Elizabeth Kent, and Pamela Martin, Program on Conflict Resolution Working Paper Series, 2005-02.
"Using Alternative Dispute Resolution Techniques In Construction Disputes," Proceedings of the 3rd International Symposium on Infrastructure Management and Financing, Kyoto University, Kyoto Japan, 2003.
"Settling Civil Lawsuits In The Hawaii Circuit Courts," co-authored with Elizabeth Kent, Pamela Martin and Ashley Masuoka. A monograph for the State of Hawaii Judiciary, 2003.
"Teaching Negotiation and ADR: The Savvy Samurai Meets the Devil," 75 Nebraska Law Review 704 (1996). An earlier version was published as University of Hawaii, Program on Conflict Resolution Working Paper Series: 1996-1.
"The Court Annexed Arbitration Program Interim Evaluation Report: March 1991," in T. Kojima, T. Atsumi, H. Hokama & M. Shimizu, The Grand Design of America' Justice System 172 (1995). Tokyo: Chuo University Press. (with Gene Kassebaum)
"What Happens When Mediation Is Institutionalized?" 9 Ohio St. J. on Disp. Resol. 307 (1994) (with James Alfini, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol Liebman, Sharon Press, & Leonard Riskin)
"Investing in Vietnam: An Ancient Land Looks for Modern Money," Legal Times, 36 (June 1994). (with Laurence Brahm)
"Using Electronic Mail for International Negotiation Simulations," (with Andrew Clark) University of Hawaii, Program on Conflict Resolution Working Paper Series: 1993-1.
"Applying The Hawaiian Mediation Model To Disputes and Conflicts," 11 Interspectives 40 (1992).
"Electronic Negotiation: The International Electronic Mail Computer Negotiation Project," 11 Interspectives 71 (1992).
"Court-Annexed Arbitration in Hawaii: Is it Worth it?" Hiroshima Bar Journal, Japan, September, 1992 (in Japanese).
"Hawaii's Court-Annexed Arbitration Program: The Final Report, 1992," (with Kassebaum), University of Hawaii, Program on Conflict Resolution Working Paper Series: 1992-2; also published in two parts at 16 Hiroshima Law Journal 157-171 (1992) and 16 Hiroshima Law Journal 285-295 (1993) (in Japanese).
"Hawaii's Court Annexed Arbitration Program Interim Evaluation Report: March 1991," (with Kassebaum) in T. Kojima, America' Civil Justice System 261 (1992). (in Japanese). Tokyo: Chuo University Press.
"American Alternative Dispute Resolution: Mediation - An Overview and Mini-Training," 15 Hiroshima Law Journal 157 (1991) (in Japanese).
"Pushing the Limits on Court-Annexed Arbitration: The Hawaii Experience," 14 Justice System Journal 133 (1991) (with Kassebaum). An earlier draft was published in the Program on Conflict Resolution Working Paper Series: 1990-2.
"Nonverbal Communication from the Other Side: Speaking Body Language," 27 San Diego Law Review 101 (1990).
"Hawaii Court-Annexed Arbitration Evaluation is the First to Show Cost Reduction to Litigants," 3 BNA's Alternative Dispute Resolution Report 140 (1989) (with Kassebaum).
"Using Court-Annexed Arbitration to Reduce Litigant Costs and to Increase the Pace of Litigation," 16 Pepperdine L. Rev. 43 (1989) (with Kassebaum). An earlier version was published as Program on Conflict Resolution Working Paper Series: 1989-2.
"The Impact of Discovery Limitations on Pace, Cost and Satisfaction in Court Annexed Arbitration," 11 U. Haw. L. Rev. 81 (1989) (with Kassebaum). Also published in Japan as 13 Hiroshima Law Journal 132 (1989). An earlier version was published as Court-Annexed Arbitration in Hawaii: An Evaluation of Cost, Satisfaction, and Pace, Program on Conflict Resolution Working Paper Series: 1988-3.
"The Lecture-In-Disguise", 18 New Mexico L. Rev. 117 (1987-88).
"How to Develop the Skill of Active Listening," 30 Practical Lawyer (June 1984).
"Active Listening," 20 Trial 66 (August 1984).
"Empathy Training for Lawyers and Law Students," 13 Southwestern Univ. L. Rev., 505 (1983) (with V. Fine).
"Sensory Based Language in Legal Communication, 27 Practical Lawyer No. 1, 41 (1981).
"A New Model for Legal Communication: Sensory Experience and Representational Systems," 29 Cleveland St. L. Rev. 575 (1980).
"Lower Criminal Courts: The Perils of Procedure," 69 J. Crim. L. 270 (1978).
"Accuracy Inquiries for All Felony and Misdemeanor Pleas But Innocent Defendants?," 126 U. Pa. L. Rev. 88 (1977).
"The Present Legal Status of Plea Bargaining," (Video Cassette), Center for the Administration of Justice, Detroit, Michigan (1974).
Other Publications
“The Education and Training of Mediators,” proceedings of the Second International Conference for Construction Law and Economics Circle in Asia and Pacific (CLECAP), the Fifth International Conference on Multi-national Joint Venture for Construction Works, and the Inaugural Conference on Construction in the Muslim World, Kuala Lumpur, Malaysia, (Oct. 2009).
“Mediation of Construction Disputes in the United States,” proceedings of the Fourth International Conference On Multi-National Joint Venture For Construction Works, Tainan, Taiwan (Oct. 2008).
"Motions in Limine: Character Problems and Bad Acts," Association of Trials Lawyers of America, 2006 Winter Convention Reference Materials 109
Six short contributions about teaching ADR and Evidence - "Encouraging attendance; dealing with absences," "Teaching Communication Skills & Mediation Skills," "Teaching Evidence with a Practical Perspective - Using Small Group Advocacy Exercises," "Testing Federal and State Rules of Evidence," "Comparing Federal and State Rules of Evidence Using Side-By-Side Charts," "Cartoons, Captions, and Mnemonics on the Exam," in Steven Friedland & Gerald Hess, Teaching the Law School Curriculum (2004).
"The First Days of Evidence Class: An Advocacy Exercise and the 'Evidence Play,'" AALS Evidence Section Newsletter, Fall 2004.
"Humor in ADR," cartoon captioning contest in the ABA's Dispute Resolution Magazine (quarterly since Fall 1997).
Book Reviews
"How To Get and Keep Good Clients," 23 Trial 94 (Aug. 1987).
"The Legal Education of Plea Bargaining Participants," 68 Ky. L. J. 240 (1979).
News Articles and Columns
"Electronic Mail," AALS Clinical Section Newsletter, March 1991.
"Law Students Represent Clients," AHA'ILONO (Hawaii Judiciary Newsletter), April 1984.
"The LectureInDisguise," AALS Clinical Section Newsletter, Nov. 1983 (with Professor Countiss).
"Oregon v. Hass; U.S. v. Hale," Preview of United States Supreme Court Cases, Oct. 1974 Term No. 32.
"Francis v. Henderson," Preview of United States Supreme Court Cases, Oct. 1975 Term No. 23.
RECENT INVITED CONFERENCE PRESENTATIONS, TRAININGS AND SPEECHES
“Balancing Academic Understanding with Skills Development,” Teaching Law School ADR Classes Conference, Pepperdine Law School, Malibu, California (June 22, 2011).
“Multilateral Negotiations & Mediation,” Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, June 6, 2011.
Negotiations course, 9 hours of training in the Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, May, 2011.
“Tongue Fu for Librarians,” Special Libraries Association, Honolulu, May 5, 2011.
“How to Communicate and Influence Cross-Culturally, Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, May 3, 2011.
“Myers-Briggs and Mediation,” Mediation Center of the Pacific, May 3, 2011.
“The Art of Negotiation,” a 20-hour classroom program in the East-West Knowledge Leaders Program, Japan-American Institute for Management Science, May, 2011.
Negotiation & ADR, 20 class hours for the Executive MBA program, at the Shidler College of Business, University of Hawaii, March-April, 2011.
“Settlement Research Spanning Two Decades,” Conflict Analysis class, Matsunaga Institute for Peace and Conflict Resolution, University of Hawaii, March 1, 2011.
“Multilateral Negotiations & Mediation,” Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, Dec.3, 2010.
Negotiations course, 12 hours of training in the Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, Nov.-Dec., 2010.
“How to Communicate and Influence Cross-Culturally, Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, Oct. 26, 2010.
“Conflict Resolution,” Global Skills Refresh Program, Japan-American Institute for Management Science, Oct. 25, 2010.
“International Negotiations,” Fujitsu Global Competency Program, Japan-American Institute for Management Science, Oct. 12, 2010.
“The Art of Negotiation,” a 20-hour classroom program in the East-West Knowledge Leaders Program, Japan-American Institute for Management Science, Dec., 2010.
Trainer for 7-day Mediation Workshop for 45 Judges from the Kingdom of Thailand, Honolulu, Sep. 22 – Oct. 1, 2010.
“Multilateral Negotiations & Mediation,” Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, June 8, 2010.
Negotiations course, 12 hours of training in the Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, May-June., 2010.
“How to Communicate and Influence Cross-Culturally, Advanced Security Cooperation Course, Asia-Pacific Center for Security Studies, Honolulu, May 10, 2010.
“Cross-Cultural Conflict Resolution Research,” Conflict Analysis class, Matsunaga Institute for Peace and Conflict Resolution, University of Hawaii, March 10, 2010.
“The Education and Training of Mediators,” the Second International Conference for Construction Law and Economics Circle in Asia and Pacific (CLECAP), the Fifth International Conference on Multi-national Joint Venture for Construction Works, and the Inaugural Conference on Construction in the Muslim World, Kuala Lumpur, Malaysia, Oct. 21, 2009.
“Cross-Cultural Trainings: What’s Your Value Added?,” American Bar Association’s Section of Dispute Resolution Spring Conference, Building Bridges to a Better Society, New York City, New York, April 15, 2009.
“Legal Conflict Resolution,” Conflict Analysis class, Matsunaga Institute for Peace and Conflict Resolution, University of Hawaii, April 8, 2009.
“Issues for Sophisticated Users of Construction Mediation: When, How, and by Whom?” a presentation at the Inaugural Conference Construction Law and Economics circle in Asia and Pacific (CLECAP) that to be held on in Kyoto University, Kyoto, Japan, Oct. 27, 2008.
“Mediation of Construction Disputes in the United States,” a presentation at the Fourth International Conference On Multi-National Joint Venture For Construction Works, Tainan, Taiwan, Oct. 31, 2008.
Trainer for 7-day Mediation Workshop for 50 Judges from the Kingdom of Thailand, Honolulu, Sep.23–Oct. 2, 2008.
“Negotiation and Conflict Resolution,” a half-day workshop present to the Honolulu Board of Realtors at the Shidler College of Business, Oct.11, 2008.
“Evidence for Trial Lawyers,” a presentation for the Legal Aid Society of Hawaii, Oct. 21, 2008.
"Psychology of Conflict Resolution & the Myers-Briggs," Mediation Center of the Pacific Advanced Mediation Training, Oct. 14, 2008.
“Mediation Workshop for Judges from Thailand,” seven-day mediation training for 50 judges from the Kingdom of Thailand, Sep. 23 – Oct. 2, 2008.
“Cross-Cultural Negotiations,” a presentation for the Center for ADR, Hawaii Judiciary, Aug. 7, 2008.
“Cultural Influences on Negotiation and Decision-Making,” Changing Faces Women’s Leadership Program: Women and Conflict Transformation in Asia, the Pacific, and the United States, a presentation at the East-West Center, July 25, 2008.
"Negotiation & Conflict Resolution," a day-long workshop for Bank of Hawaii, July 9, 2008.
“Strategic Negotiation Executive Training Program,” a 5-day workshop for the Ministry of Economic Affairs of Taiwan, May 26-30, 2008
“Basic Civil Mediation,” a 40-hour training program taught for the Northwest Institute for Dispute Resolution, University of Idaho, Moscow, Idaho, May 12-16, 2008.
"Intercultural Negotiations," a 20-hour class for the Intercultural Management Program at the Japan-American Institute of Management Science, April & May 2008.
"Negotiation and Conflict Resolution," a 6-hour class for the Boys and Girls Club of Kauai and other Kauai non-profits, April 25-26, 2008.
“The Confrontation Clause and Hearsay,” a presentation to the Family Law Judges of Honolulu, April 22, 2008.
"Culture and Conflict," presentation to Professor Chandler's graduate class on Conflict Resolution, Sociology Department, University of Hawaii, April 17, 2008.
"Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution," a presentation at Pepperdine Law School's Symposium on Negotiating, Mediating and Managing Conflict in a Global Society in Malibu, CA, Apr. 10, 2008.
“American Negotiation Styles,” a presentation for visiting faculty and students from Ryukyus University School of Law, Japan, Mar. 11, 2008.
"Negotiation Principles," "Communication for Conflict Resolution," and "Mediation" presentations to the 21st Century Boys and Girls Clubs of Hawaii Management Institute, Nov. 29, Dec. 4 and Dec. 6, 2007.
"Negotiation and Conflict Resolution," a presentation to the "Who Moved My Wasabi Seminar," Japan-American Institute of Management Science Nov. 8, 2007.